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TC Minutes 08-28-2018,avo n ..,..L .. C., TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 28,2o18 AVON TOWN HALL, ONE LAKE STREET 1. A CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 5:06 p.m. A roll call was taken, and Council members present were Amy Phillips, Jake Wolf, Scott Prince, and Sarah Smith Hymes. Megan Burch and Matt Gennett were absent. Also present were Acting Town Manager Scott Wright, Town Attorney Eric Heil, Police Chief Greg Daly, Planning Director Matt Pielsticker, Recreation Director John Curutchet, Deputy Town Manager Preston Neill and Town Clerk Debbie Hoppe. Mayor Fancher announced that the Carboard Boat Regatta at Nottingham Lake was a huge success and praised public safety personnel for their quick response to the structure fire at Beaver Bench Condominiums. 2. APPROVAL OF AGENDA Start time o6:50 Mayor Pro Tem Smith Hymes asked for a support letter from the Climate Action Collaborative to be added to the agenda. The letter expresses support to Holy Cross Energy for actions that can be taken now and, in the future, to achieve l00% renewable electricity for the community. She asked for Council to authorize, by motion and vote, the Town of Avon to be added as a signatory to the letter. Councilor Phillips made a motion to approve the agenda with the requested addition of item 5.7.1. the letter from Climate Action Collaborative to Holy Cross Energy. Mayor Pro Tem Smith Hymes seconded the motion and the motion passed unanimously by Council members present. Councilor Burch and Councilor Gennett were absent. 3. PUBLIC COMMENT: COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Start time: 09:26 Tom Beaver commented on the recent fire at Beaver Bench Condominiums. He talked about fundraising efforts to assist those who have been displaced by the fire. He suggested the Town set up a GoFundMe page to benefit those who have been affected. John Brenner commented on how the fire has affected him. Tsu Wolin Brown commented on Vail Valley Salvation Army's efforts to assist those who have been affected and displaced by the fire. She suggested the Town make an effort to assist and offered her assistance to the Town. Bruce Gillie with the Red Cross talked about the logistics of putting together a GoFundMe page. An idea was thrown out about letting folks who have been displaced by the fire stay at the vacant 351 Benchmark Building. Council asked staff to discuss and identify how the Town can assist. Michael Cacioppo commented on the Beaver Bench Condominiums fire and the West Beaver Creek Boulevard Streetscape Project. Page 1 Avo n TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 28, 2018 AVON TOWN HALL, ONE LAKE STREET 4. WORK SESSION Start time: 34.45 4.1. PRESENTATION AND REVIEW OF 2018 TOWN OF AVON COMMUNITY SURVEY DRAFT REPORT (ADAM PROBOLSKY, PROBOLSKY RESEARCH) Adam Probolsky with Probolsky Research presented an overview of the survey process and the initial draft results. He explained that a much more robust and comprehensive report is in the works and will be submitted to the Town in the coming weeks. The final report will include an executive summary, a detailed analysis, cross tabulations, key findings, and verbatim responses with demographic overlay. 5. ACTION ITEMS Start time: 1:01:24 5.1. PUBLIC HEARING SECOND READING ORDINANCE 18-07, ADOPTING THE AVON COMMUNITY HOUSING PLAN (PLANNING DIRECTOR MATT PIELSTICKER) Mayor Fancher opened the public hearing for comments and Denise Gallagher, Wildwood Townhomes south, asked for help maintaining the building. Michael Cacioppo expressed frustration regarding the Community Survey. Kim Williams applauded the Council for the work done on the Community Housing Plan. Councilor Prince moved to approve second reading of Ordinance 18-07, thereby approving the Avon Community Housing Plan, with changes as directed by Council. Councilor Prince seconded the motion and it passed unanimously by Council members present. Councilor Gennett and Councilor Burch were absent. 5.2.PUBLIC HEARING SECOND READING ORDINANCE 18-08, ADOPTING A NEW CHAPTER 5.10 OF TITLE 5 OF THE AVON MUNICIPALCODE ESTABLISHING LICENSING OFTOBACCO RETAILERS (DEPUTY TOWN MANAGER PRESTON NEILL) Start time: 1:30:08 Mayor Fancher opened the public hearing and comments were made by Phillip Qualman, Chris Lindley, Caroline Duel, Beth Riley, Jerry Lopez, Lilly Reynolds, Becky Larson, Jodi Radke and Michelle Stecher in support of the ordinance. Councilor Wolf made a motion to ban cigarettes and other tobacco products in the Town of Avon. Motion not seconded; motion failed. Councilor Prince moved to approve Second Reading of Ordinance 18-08, thereby adopting a new Chapter 5.10 of Title 5 of the Avon Municipal Code establishing licensing of tobacco retailers, with the following amendments to the ordinance: (1) Update the sixth "Whereas" statement to reflect the correct statistics, (2) Modify the definition of "Tobacco Product" to include "as a cessation product", (3) Amend Section 5.10.120 to reflect an annual license fee of $250 instead of $500, (4) Amend Section 5.10.130 (c) to read as follows: "The Avon Police Department may inspect each Tobacco Page 2 Avo L '..: .:,. 0 :::: TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 28, 2o18 AVON TOWN HALL, ONE LAKE STREET Product Retailer for compliance with this Chapter.", and (5) Amend Section 5.10.150 to strike sanction #2 and adjust the remaining sanctions accordingly. Councilor Wolf seconded the motion and it passed unanimously by Council members present. Councilor Burch and Councilor Gennett were absent. 5.3. RESOLUTION 18-12, SUBMITTING TO THE ELECTORATE OF THE TOWN OF AVON, DURING THE NOVEMBER 6, 2018 GENERAL ELECTION, A gUESTION SEEKING AUTHORITY TO INCREASE TAXES ON THE SALE OF CIGARETTES AND OTHER TOBACCO AND NICOTINE PRODUCTS (DEPUTY TOWN MANAGER PRESTON NEILL) Start time: 2:38:36 Mayor Fancher opened the discussion for comments and Jodi Radke spoke to the three options being considered. Councilor Wolf moved to approve Resolution 18-12 with Option 3 ballot language, thereby referring a local tobacco tax ballot question to the November 6, 2018 General Election. Mayor Pro Tem Smith Hymes seconded the motion and it passed unanimously by Council members present. Councilor Burch and Councilor Gennett were absent. Option 3 ballot language reads as follows: Tax Increase on the Sale of Tobacco and Nicotine Products. SHALL TOWN TAXES BE INCREASED BY UP TO $600,000 IN 2019 AND BY SUCH AMOUNTS AS MAY BE GENERATED ANNUALLY THEREAFTER BY THE IMPOSITION OF NEW TAXES AS FOLLOWS: BEGINNING JANUARY 1, 2019, THERE SHALL BE A NEW TAX OF FIFTEEN CENTS PER CIGARETTE OR THREE DOLLARS PER PACK OF TWENTY CIGARETTES SOLD; BEGINNING JANUARY 1, 2019, THERE SHALL BE A NEW SALES TAX OF 40% ON THE SALES PRICE OF ALL OTHER TOBACCO AND NICOTINE PRODUCTS; THE TERMS "CIGARETTES" AND "TOBACCO PRODUCTS" HAVE THE SAME MEANINGS AS IN SECTION 5.10.030 OF THE AVON MUNICIPAL CODE; AND THAT THE TOWN MAY COLLECT, RETAIN AND EXPEND ALL OF THE REVENUES OF SUCH TAXES AND THE EARNINGS THEREON, NOTWITHSTANDING THE LIMITATION OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? YES NO Page 3 Avo ,L ,�I TOWN OF AVON COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAYS AUGUST 28,2o18 AVON TOWN HALL, ONE LAKE STREET 5.4•PUBLIC HEARING SECOND READING OF ORDINANCE 18-15, AMENDING SECTION 3.08.037 OF THE AVON MUNICIPAL CODE TO EXTEND A TEMPORARY SALES TAX CREDIT FOR THE INSTALLATION OF RENEWABLE ENERGY PRODUCTION COMPONENTS (DEPUTY TOWN MANAGER PRESTON NEILL) Start time: 2:50:37 Mayor Fancher opened the public hearing and no comments were made. Councilor Phillips moved to approve Ordinance 18-15, amending Section 3.o8.037 of the Avon Municipal Code to extend a temporary sales tax credit for the components for production of energy from renewable sources. Councilor Prince seconded the motion and passed unanimously by Council members present. Councilor Burch and Councilor Gennett were absent. 5.5•PUBLIc HEARING SECOND READING ORDINANCE 18-16, AMENDING CHAPTER 10.36 OF THE AVON MUNICIPAL CODE TO ENACT REGULATIONS FOR BICYCLES APPROACHING INTERSECTIONS TOWN ATTORNEY ERIC HEIL) Start time: 2:5145 Mayor Fancher opened the public hearing and no comments were made. Councilor Phillips moved to approve the second reading of Ordinance 18-16, amending Chapter 10.36 of the Avon Municipal Code to enact regulations for bicycles approaching intersections. Councilor Prince seconded the motion and it passed unanimously by Council members present. Councilor Burch and Councilor Gennett were absent. 5.6.AUTHORIZATION TO ISSUE NOTICE OF AWARD FOR INSTALLATION OF SIDEWALKS ALONG WEST BEAVER CREEK BOULEVARD AT THE RAILROAD CROSSING TOWN ENGINEER JUSTIN HILDRETH) Start time: 2:53:16 Councilor Wolf moved to direct staff to not construct the project in 2018 and re -bid the project in 2019. Councilor Phillips seconded the motion and it passed unanimously by Council members present. Councilor Burch and Councilor Gennett were absent. 5.7.REVIEW AND DIRECTION ON ALLOCATION TARGET FOR THE 2019 TOWN OF AVON COMMUNITY GRANT PROGRAM DEPUTY TOWN MANAGER PRESTON NEILL) Start time: 2:5845 Councilor Wolf moved to target up to $146,000 for 2019 Community Grant Program funding that the Ad Hoc Review Committee's funding recommendations shall not exceed. Mayor Pro Tem Smith Hymes seconded the motion and it passed unanimously by Council members present. Councilor Burch and Councilor Gennett were absent. 5.8. CONSENT AGENDA Start time: 3:10:09 5.8.1. APPROVAL AND AUTHORIZATION FOR THE MAYOR TO SIGN THE LETTER OF SUPPORT FOR CDOT AND THE FHWA EFFORTS TO EVALUATE VAIL PASS SAFETY IMPROVEMENTS AND WATER QUALITY ENHANCEMENTS MAYOR PRO TEM SARAH SMITH HYMES) Page 4 A on - L .. A L%k TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 28, 2018 AVON TOWN HALL, ONE LAKE STREET 5.8.2. APPROVAL OF MINUTES FROM JULY 24, 2018 COUNCIL MEETING TOWN CLERK DEBBIE HOPPE) 5.8.3. APPROVAL OF MINUTES FROM AUGUST 14, 2018 COUNCIL MEETING (DEPUTY TOWN MANAGER PRESTON NEILL) Mayor Pro Tem Smith Hymes moved to approve the Consent Agenda. Councilor Phillips seconded the motion and it passed unanimously by Council members present. Councilor Burch and Councilor Gennett were absent. 6. WRITTEN REPORTS 6.1. NOTTINGHAM PARK ACTIVITY AND ENFORCEMENT TOWN STAFF) 6.2.UPDATE ON MENTAL HEALTH SERVICES IN EAGLE COUNTY POLICE CHIEF GREG DALY) 6.3.ABSTRACT FROM AUGUST 21, 2018 PLANNING AND ZONING COMMISSION MEETING PLANNING DIRECTOR MATT PIELSTICKER) 6.4. MONTHLY FINANCIALS REPORT SENIOR ACCOUNTANT MARTHA ANDERSON 7. MAYOR & COUNCIL COMMENTS & MEETING UPDATES Start time: 3:10:27 Mayor Fancher asked Police Chief Greg Daly what is being done to enforce the stage 2 fire restrictions in noticing people smoking outside. Council moved to the added item 5.7.1 5.7.1. AUTHORIZATION FOR THE TOWN OF AVON TO BE ADDED AS SIGNATORY TO THE CLIMATE ACTION COLLABORATIVE LETTER OF SUPPORT TO HOLY CROSS ENERGY. Councilor Phillips moved to add the Town of Avon as a signatory to the Climate Action Collaborative Letter of Support to Holy Cross Energy. Councilor Prince seconded the motion and it passed unanimously by Council present. Councilor Burch and Councilor Gennett were absent. Councilor Phillips gave a brief update on the Town Manager recruitment process. Mayor Pro Tem Smith Hymes gave a streamflow update and spoke about the recent Colorado Association of Ski Towns meeting she attended with Mayor Fancher. Mayor Fancher talked about the recent Colorado Association of Ski Towns meeting. She also mentioned a recently approved short term rental tax that passed in Crested Butte. The revenues are dedicated to affordable housing. 8. EXECUTIVE SESSION 8.1. FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. §24-6-402(2)(E) REGARDING THETOWN ATTORNEY Page 5 Avon TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 28, 2018 AVON TOWN HALL, ONE LAKE STREET 8.2.FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE REGARDING A PUBLIC RECORDS REQUEST AND POTENTIAL LEGAL CLAIMS AGAINST THE TOWN UNDER C.R.S. §24-6-402(2)(B) Mayor Fancher moved to convene into Executive Session with the Town Attorney for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. §24-6-402(2)(e) regarding the town attorney and a conference with the town attorney for the purpose of receiving legal advice regarding a public records request and potential legal claims against the Town under C.R.S. §24-6-402(2)(b). Councilor Phillips seconded the motion and it passed unanimously by Council members present. The time was 8:55 p.m. Council convened into Executive Session at 8:58 p.m. Executive Session ended at 9:41 p.m. Council reconvened into the Regular meeting at 9:41 P.M. 9. ADJOURNMENT There being no further business to come before the Council, Mayor Fancher moved to adjourn the regular meeting. The time was 9:41 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk's office, and the video of the meeting, which is available at www.highfivemedia.org. APPROVED: Jennie Fancher Sarah Smith Hymes Jake Wolf Megan Burch Matt Gennett Scott Prince Amy Phillips RESPECTFULLY SUBMITTED: Wf1Q, P'10m- Debbie Hoppe, own Clerk Page 6